Legal Question in Family Law in Illinois
child custody and name change
I am Involved in an ongoing custody and change of minor child's name cases. I was just informed that the BM just got married. I suspect there could be ulterior motives on the part of BM. The child is only 9months old and can someone please advise me on what the legal ramifications are for me because of the above action by BM. I live in Illinois. I suspect this new development might erode my legal goals (to be there for my child and my child to know me as his father)Thank you.
1 Answer from Attorneys
Re: child custody and name change
It appears that your legal goals with respect to your son may have "eroded" because you have failed to assert your rights as father and assumed the obligation for support and parenting. You don't indicate whether your paternity has been established, whether your name is on the birth certificate, whether you are supporting the child, whether you are participating in parenting decisions re the health and welfare of the child. You have these parental rights. The rights may erode if you permit the new husband to adopt the child or permit the mother and her husband to exclude you from the child's life. Through an agreement (in writing) with the mother, you can agree to support, visitation, no change of name, involvement in parenting decisions, etc. Go for it. You are advised to consult with an attorney to protect your rights.
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